[1585/12/21]*[print] [email] [cite] [preceding] [following]
†Forsamekle as in the act of parliament laitlie maid anent the paking and peling of hering, quhite fische and uther fische slane on ather syde of the watter of Forth, it is expresly providit that all the saidis fisches salbe brocht to the portis of Leith or Craill allanerlie, thair to be grathit and handillit as in the said act at mair lenth is contenit, quhilk sensyne hes bene werray prejudiciall and hurtfull to the remanent frie burrowis and sey portis on athir syd of the said watter of Forth, thairfoir our said soverane lord, with advise of his thre estaitis convenit in this present parliament, declairis, statutis and ordanis that it sall be lesum to the remanent of the saidis fre burrowis to haif the saidis fisches brocht to ilk ane of thame in tyme cuming, alsweill as to the saidis portis of Leythe and Craill, notwithstanding onie restrictioun maid thairanent be the said act or utherwayis of befoir, dispensand thairwith for evir; and ordanis lettres of publicatioun to pas heirupoun in forme as effeiris.
[1585/12/22]*[print] [email] [cite] [preceding] [following]
†Forsamekle as sindrie personis, under cullour of our soverane lordis licences grantit to thame, hes transportit and daylie transportis furth of this realme woll, talloun, victuall and sic uther forbiddin guidis, to the greit hurt and prejudice of his hienes customes and the commoun weill of this realme; for eschewing of the quhilk in tyme cuming, our said soverane lord and thrie estaitis of this present parliament decernis, statutis and ordanis that all sic licences for transporting of the saidis forbiddin guidis grantit or to be grantit be his majestie be subscrivit be his hienes comptrollaris, present and to cum, and utherwyis to be invalide and to haif na force nor effect; and ordanis lettres to be direct to the effect foirsaid.
[1585/12/23]*[print] [email] [cite] [preceding] [following]
†Forsamekle as in the parliament haldin at Edinburgh, the xxiiij day of October, the yeir of God jM vC lxxxiiij† yeiris, thair was ane additioun maid to the actis maid aganis notorious thevis and soirneris of clannis, quhairin it is statute and ordanit that it salbe lefull to all our soverane lordis obedient and guid subjectis that sall ressave ony harme or skaith throw stowth and maisterfull reiff of thair guidis to be committit efter the dait of the said act be ony of the notorious thevis, brokin men or soirnaris of clannis of thevis in tyme cuming, to apprehend, stay and arreist the bodeis and guidis of the personis offending aganis thame, or ony utheris being of the same clan, thair servandis, defendaris or partakeris, quharevir they sall find thame in onie pairtis of this realme, ay and quhill the principallis and utheris of the said clan caus the saidis harmes and skaithis be redressit to the satisfactioun of the sustenaris thairof, or at leist find sufficient souirtie to that effect to the contentment of the persoun that hes sustenit the skaith, incaice it salbe found be ordour and triall, according to justice, that the offendar and deid doar was onnywayis ressait, suppliit and mantenit amongis the said clan efter the offence committit; quhilk act hes not tane executioun in mony pairtis of the realme be ressoun of the parteis susteniing the skaith apprehending the personis or gudis of the personis offending thame, or utheris being of the same clan, thair servandis, defendaris or partakaris, nor hes not found the concurrence of the ordiner magistratis or utheris personis being of powar to that effect, or utheris being of the same clan, thair servandis, defendaris or partakeris, hes not had sufficient force of thair awin to stay and arreist the bodeis or guidis of the personis quhilkis had offendit thame; for remeid and supplie quhairof in tyme cuming, it is statut and ordanit be oure said soverane lord, be advise of his saidis thrie estatis in parliament, that incaice onie of his hienes guid subjectis that ressavit onie harme or skaith throw stouth or maisterfull reiff of thair guidis be onie of the notorious thevis, brokinmen or soirneris of the saidis clannis of thevis in tyme cuming, sall happin not to be of power of thame selfis to stay and arreist the bodeis and guidis of the personis that hes offendit aganis thame or utheris of the same clan, thair servandis, dependaris and partakeris, being apprehendit be thame, that than the complenar sall desir the shereff, stewart, baillie or thair deputis, or provest and baillies with in burgh, or onie uther persoun being of power that happinis to be present for the tyme, to concur and assist to the same complenar in making of the same stay and arreistment, conforme to the said act of parliament, as thai will anser to his hienes upoun thair obedience and under the pane to†repute and estemit partakeris with the saidis thevis in evill deidis, quhairin gif thai failyie, his hienes, with advise of his saidis estaitis, declairis that the said complener, being his hienes obedient subject, salhave siclike actioun, criminallie or civillie, aganis the saidis shereffis, stewartis and ballies, provest and ballies within burgh, or utheris personis of power happynning to be present for the tyme and failyeing reddilie to concur and assist as said is, as aganis the principall theiff or robar; and further declairis, statutis and ordanis that it salbe lefull to his hienes trew and obedient subjectis having thair guidis stowin and reft be the saidis notorious thevis, brokin men or soirnaris of clannis, to apprehend, tak and intromet with the guidis and personis of the offendaris or ony utheris of the same clan, thair servandis, defendaris or partakeris with quhom the thevis and trew mennis guidis stowin or reft be thame wer ressait, and to reteine the samin as thair awin proper guidis ay and quhill the offendaris or utheris of the said clane cum to compt and rekning and mak sufficient suirtie for redreis of the trew mennis skaith, conforme to the said act of parliament, and assolyeis thame fra all danger of spuilye or violent proffeitis, bot onlie to be anserable for the principall guidis quhen thai sall have rekning, compt and dew redress of thair awin guidis with thair coistis and skaithis.
[1585/12/24]*[print] [email] [cite] [preceding] [following]
†Forsamekle as it is understand be his hienes that diverse baronis, gentilmen, tennentis and possessouris of landis, rowmes, possessionis, teindis, teindschaves etc. hes bene compellit to mak payment of thair maillis and deweteis, teindis, teindschaves and utheris foirsaidis at command of oure soverane lord, and be vertew of charge direct in favouris of diverse personis haveand factories, giftis, provisionis or utheris securiteis of the saidis fruitis, quhilk pament was maid be thame bona fide efter the executioun of the saidis chargis and na utherwayis, notwithstanding quhairof diverse pairteis intendis heireftir upoun the occasioun of his majesties favour, grantit in the lawes and constitutionis of this present parliament as utherwayis, to move questioun aganis the saidis tennentis and utheris, and to cause thame be repellit, to repay the saidis mailes and deweteis, teindis, teindschavis and utheris aganis all guid ressoun; it is thairfoir statute and ordanit that all and quhatsumevir personis quha hes heirtofoir maid pament of the saidis fruitis to the factouris and utheris havand richt thairto, and hes reportit thair discharges thairof, salbe frie and fred in tyme cuming and of all actioun, instance or persute that may be pretendit aganis thame be quhatsumevir maner, dischairgeing the lordis of counsale and sessioun to grant proces in onie of the saidis persuitis in tyme cuming and all utheris judgeis and ministeris of the lawes within this realme.
[1585/12/25]*[print] [email] [cite] [preceding] [following]
†Forsamekle as in our soverane lordis parliament haldin at Edinburgh, the xxij day of August the yeir of God jM vC lxxxiiij yeiris, thair was ane act maid beirand that all fewis of kirklandis not confermit befoir be oure soverane lord, his predicessouris or be the Pape suld be dewlie confermit be his majestie within a certane space and under certane panes contenit in the said act, as the samin at mair lenth proportis; nevirtheless, sindrie troubles hes incressit sensyne and the pestilent seiknes spreading amongis diverse of the greitest baronis hes rasit the chief jugementis and jurisdictionis of this realme and the chancellarie had na established place; thairfoir, our soverane lord and thrie estaitis, willing nane of thame to be hurt thairby, hes prorogat and prorogatis the said act and haill force thairof for the space of ane yeir nixt eftir the dait heirof, within the quhilk all his liegis doing thair diligence for the saidis confermationis salbe, in all respectis, in als guid caice as the saidis fewis had bene confermit immediatlie efter the dait of the said act.
[1585/12/26]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, understanding how far his hienes is grudgit be the subscriving of sindrie signatures and lettres at the inoportun suit and desir of sindrie personis, his hienes not being foirwarnit nor trewlie informit of the effect and contentis of the saidis signatures and lettres; for remeid quhairof, his majestie, with advise of his thre estaitis convenit in this present parliament, statutis and ordanis that na signatouris or lettres quhatsumevir salbe presentit to his majestie to be subscrivit in tyme cuming bot be his ordinar officiaris unto quhais offices the same properlie belangis, and incaice onie signatures other ignorantlie or upoun inoportunitie salhappin to be subscrivit be his hienes utherwayis, commandis his saidis ordiner officaris to stay thame and on nawayis to subscrive or pas thame, as thai will anser at ther heichast charge and perrell; quhilk staying of the passing of sic signatouris salbe impute to thame for na offence, bot estemit be his majestie as acceptable and guid service tending to his hienes honour and common weill of this realme.
[1585/12/27]*[print] [email] [cite] [preceding] [following]
†Forsamekle as be ane act of our soverane lordis parliament, haldin at Edinburgh, the xxij day of Maii, the yeir of God jM vC lxxxiiij yeiris, anent the appreving of the constitutioun of certane officiaris of the estate, it is statut that nane of the saidis officiaris salbe removable fra thair offices in tyme cuming bot for just and worthie causis tryit be his hienes and his estaitis in parliament; and now his hienes chancellar being depairtit and in his majesties danger for his hienes jowellis undeliverit, his majestie, with advise of his thre estaitis, finds the office of chancellarie to vaik and that the samin may be servit in tyme cuming be sic a persoun and sic a maner as his hienes sall appoint.
[1585/12/28]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, with advise of his thrie estaitis convenit in this present parliament, ratefeis, apprevis and confermis the power, privilege, consent and auctoritie quhatsumevir competent to the saidis estaitis, gevin and grantit to our soverane lord, his counsall or sic thairof as his majestie sall cheis, for treating, conferring, contracting and concluding of ane league and confederatioun with his derrest sister and cousine, the Quene of England, at Sanctandrois, the fyft day of Julii bigane, of the quhilk the tennour followis:
We, the nobilitie and estaitis presentlie convenit, understanding the course of the present proceidingis in foreyn partis, and that diverse princes and potentactis terming thame selffis Catholickis haif joynit thame selffis under the Papes auctoritie in a maist unchristiane confederacie aganis the trew religioun and professouris thairof, with full intent to persecute thair ungodlie resolutioun with all severitie, not onlie within thair awin statutis† and dominionis, bot also in uther places and kingdomes quhair thai can pretend na lawfull power nor auctoritie to deale, a practize of lang projectit thocht heirtofoir cuninglie conductit and now at last, be oppin and joint forces of mony confederatis, planelie manifested to the warld quhat hes alwayis bene intendit be formare coverit and craftie coursis, quhilkis now thay have begun to put in executioun in diverse places with werrie hard effectis. And sen it had plesit God of his infinit mercie to blis this realme with the sinceritie of his holy Gospell (the defence quhairof is the maist just and lawfull caus that Christianes can mantene), na thing is moir requisite then not onlie to unite oure selffis sinceirlie and trewlie and joyne our haill powaris, forces and meanis quhilkis God hes grantit us under oure maist religious and Christiane soverane, for the better assurance of oure awin state and mair peceable injoying of sa greit a benefite of God, bot alsua for withstanding of sa pernitious and dangerous a course generallie intendit aganis all trew professouris of the treuth, it is necessar that a generall league and confederacie of all princes and staitis sincerlie professing the evangell wer opponit to the ungodlie conspiracie of the enemies of Goddis trewth, and speciallie that the crounis of Scotland and England, naturally jonit be blude and habitatioun and religioun, and thairby alike subject to the malice of commoun enemeis, be quhais union na less suirtie may be expectit to baith thair estaitis then danger be thair divisioun, wer inseparably united be mair firme and stricte league then hes bene heirtofoir betuix ony princes, their progenitouris, alsweill of the preservatioun of thame selffis as alsua for the better mantenance of trew, ancient and Christiane religioun quhilk thai now professe, aganis all that sall attempt onie thing aganis thame for the professioun and mantenance of the said religioun. We, thairfoir, the nobilitie and estaitis undersubscrivand, considerand the greit and urgent necessitie of the said league and how the same may be na langar protractit nor without parrell differit to a mair solempne conventioun of the haill estaitis in parliament, and reposing oure selffis upoun [...]†discretioun, wisdome and circumspectioun and maist ernist zeall borne be the maist noble and michtie prince King James the Sext, oure soverane lord, to the advancement of the said religioun and mantenance thairof, haif thairfoir, for us and in the name and behalf of the haill estaitis of this realme quhais bodie in this conventione we represent, fullilie gevin and grantit, like as be the tennour heirof we, for us and in name foirsaid, gevis and grantis to oure said soverane lord, his counsale or sic thairof as his majestie sall chuse, oure full power, privilege, assent and auctoritie quhatsumevir competent to us and estaitis foirsaidis to treat or caus treat, confer, contract and conclude the said Christiane league and all pointis, heidis, clausis and articlis thairof betuix his majestie and his hienes dearest sister and cousine, the Quene of England; and to nominat and appoint comissioneris to that effect, to meit at sic tyme and place as his hienes sall aggrie unto with comissioneris to be direct from his dearest sister of alike in rank and honour, quhais electioun, nominatioun and instructionis we have remittit and heirby remittis to oure soverane lord, and quhatsumevir his majestie sall aggre unto and quhatsumevir the saidis commissoneris sall promeise, contract, intend, subscrive or seale toward the said league and articlis thairof, aggreing with thair instructionis, we, for us and in name foirsaid, now as than and than as now, ratefeis, apprevis and confermis and, be the tennour heirof, be oure greitest and solempne athis upoun oure faith and trewth, promisis to allow, appreve, ratefie and conferme be oure consentis in the nixt parliament, without questioun or contradictioun quhatsumevir, providing alwayis the said league be without infringeing or prejudice in onie sort to onie formare league or alliance betuix this realme and onie ether auld freindis and confederatis thairof, except onlie in materis of religioun, quhairanent we do fullie consent the league be defensive and offensive and do solempnitlie avow in quarrell and mantenace thairof nather to spair lyves, housis, guidis, geir or quhatsumevir it hes plesit God to grant us. In witnes quhairof, in presence of his hienes, we have subscrivit thir presentis with oure handis at Sanctandrois, the last day of Julii, the yeir of God jM vC fourscoir and fyve yeiris. Sic subscribitur, P. Sanctandrois, Robert, archebishope of Glasgow, Peter Rollog, bischop of Dunkeld, James, erle of Arrane, lord Avane and Hamiltoun, chancellar, Robert, erle of Marche, Jhonn, erle of Athoill, George, erll Merschale, Jhonn, erle of Montrois, thesaurair, Andro, erle of Rothes, Robert, commendatair of Deir, William, commendatair of Dryburgh, Alexander, commendatair of Culross, Henrie, commendatair of Balmerinoch, Walter, abbot of Kinloss, William, commendatair of Pittinweme, Patrik, commendatair of Lundoris, Walter, commendatair of Blantyre, Laurence, lord Oliphant, Henrie, lord Sinclair, Patrik, lord Gray, James, lord of Down, Patrik, maistir of Gray, Schir Jhonn Maitland of Thirlstane, knicht, secretair, Andro Wod of Largo, comptrollair, Alexander Hay of Eister Kennet, clerk of register, Henrie Nisbet, commissioner for Edinburgh, George Hereis, commissioner for Edinburgh, Robert Forrestar of Boquhane, provest of Striviling, commissioner for the said burgh, William Norvel, commissioner of Striviling, Patrik Lermonth of Darsie, commissioner for Sanctandrois, Alexander Scrimgeor, commissioner of Dundie, William Duncane, commissioner of Dundie, George Cochrane, commissioner of Air, James Cokburne, commissioner of Hadingtoun, Robert Rorvat, commissioner of Glasgw, Johne Kircaldie, commissioner of Kingorne, Robert Hay, commissioner of Kircaldie, Johne Ramsay, commissioner of Carrell, James Andersoun, commissioner for Cowper.
[1585/12/29]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord and his thrie estaitis of parliament ratefeis and apprevis the lettres gevin under his hienes privie seall, of the dait the xxiiij day of November last bipast, gevand licence, power and facultie to certane personis laitlie foirfaltit to convene thair friendis and utheris of wisdome and jugement for thair advise and counsale in the restitutioun of thame aganis their saidis foirfaltouris, as in the lettres foirsaidis at mair lenth is contenit; and oure said soverane lord and thrie estaitis declairis the said lettre to be als sufficient to all intentionis as gif the [...] of the parliament had bene interponit thairto; and forder our said soverane lord and his saidis thrie estaitis ratefeis and apprevis all thingis done and conssultit be vertew of the said lettre, off the quhilk the tennour followis:
James, be the grace of God, king of Scottis, to all and sindrie oure liegis and subjectis quhome it effeiris quhais knawlege thir oure lettres sall cum, greting. Forssamekle as we, for certane greit and wechty considerationis moving us, ar of will and mynd to restoire, rehabilitat oure richt traist cousingis Jhonn, lord Hamiltoun, Archibald, erle of Angus, lord Dowglass and Abirnethy and certane utheris, with thair posteriteis, as salbe contenit in the said restitutioun, quharupon we ar myndit to mak thame all securitie neidfull, and to that effect necessar it is that thai haif the advise and consultatioun of thair maist trustie frindis and utheris of guid knawlege and experience to that effect, thairfoir we, with expres advise of the lordis of oure secreit counsale, have gevin and, be thir oure lettres, gevis full licence, facultie and powar to quhatsumevir persoun or personis quhais counsale and advise salbe cravit anent the said restitutioun and rehabilitatioun, to travell, solist and gif thair advise and counsale thairto as sall seme maist necessar for the effect foirsaid, quhairanent thai, nor nane of thame, sall incur na penaltie nor fault, notwithstanding oure leit act of parliament or onie uther oure lawis or constitutionis maid in the contrair. Attour, we ordane and declair that this oure present licence salbe of als greit force and effect to all and sindrie personis quhilkis salbe employit in the premisis as gif thay wer expreslie namit in thir oure lettres, quhilkis, with all that sall fallow thairupoun, we promit salbe ratefeit and apprevit in this oure rinning parliament given under oure privie seill at oure palice of Linlythgw, the tuentie day of November, and of oure reigne the nyntene yeir 1585. Per signaturam manibus supremi domini nostri regis dominorumque sui secreti consilii subscriptam.
[1585/12/30]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, having at sindrie tymes heirtofoir commandit ordour to be takin† the estait of his house and toward his propirtie quhairupoun the same suld be sustenit, as finding na thing effectuallie done thairanent as yit bot in default of the same diverse abuses enterit and still continewand in the said house and greit diminutioun of his hienes rentis, his majesties debtis in his awin house alwayis incressing, for remeid quhairof, his majestie, be advise of the lordis and of his estaitis alsua in parliament, hes maid and caussit publishe diverse revocationis, quhilkis notwithstanding, hes tane small effect to his hienes commoditie becaus the thingis appointit to be recoverit and brocht agane to the same revocationis wer alwayis newlie impetrat and purchast of his majestie be inoportun and unressonable suittis, quhair his hienes awin necessitie aucht first to be providit for; tharfoir his hienes, yit as of befoir, with advise of his thrie estaitis convenit in this present parliament, revokis, casis and annnullis all infeftmentis, takis, pensionis, giftis, assignationis, reversionis and exceptionis quhatsumevir maid of the rentis of his propirtie annexit and pertening to his croun in the dayis of his dearest guidschir, King James the Fyft of worthy memorie, or in ony tyme bigane preceiding the dait heirof, being of thair awin nature or be custome or lawes of this realme revocable, and declairis the saidis infeftmentis, takis, pensionis, giftis, asignationis, reversionis and exceptionis to haif bene and to be null and invalide for the crop and yeir of God jM vC fourscoir fyve yeiris instant, Witsonday and Mertimes termes of the same and in tyme cuming, notwithstanding ony ratificationis or confermationis thairof be parliament or utherwayis; and ordanis the saidis rentis to be chargeit for, intromettit with and inbrocht to his hienes proper use be his majesties comptroller and his deputis to his hienes use. Attoure, his majestie avowis in the word of a prince, promittis inviolably to observe this act and to abstene fra all new dispositioun of onie of his saidis rentis revokit as said is quhill his awin necessiteis be first of all dewlie and sufficientlie providit for, as alsua to allow of that guid forme in his house quhilkis the saidis lordis of his secreit counsale and officiaris of his estait appointit in this present parliament sall appoint, to begin the first day of Januarii nixttocum, dischargeing his hienes comptroller of all ansering or admitting of ony preceptis or feis, pensionis or wageis to ony personis of the termes foirsaidis, or in ony tyme cuming thaireftir, quhill it be newlie directit and speciallie appointit be his hienes, with advise of the saidis lordis of his privie counsale and officiaris of his estait sittand togidder in that number, quhilk, be his present parliament, is appointit his hienes necessiteis, being first considerit quhat pensionis, feis and wageis salbe allowit and payit in the office of comptrollarie of the yeir of God foirsaid and in tyme cuming, to the effect it may† sene that the thingis commandit to be anserit ar ressonable and proffitable to be done without his majesties hurt and inconvenient, his awin necessiteis being alwayis first considderit and providit for as said is, and consideratioun had also of the pament of his bigane debtis safar as is possible; certefeing the said comptroller gif he do in the contrair, he sall have na allowance of his doing, notwithstanding onie warrand past befoir the dait of thir presentis. Exceptand and reservand alwayis the infeftment of the erldome of Orknay and lordschip of Zetland to Robert, erle of Orknay, providing his majestie be satisfeit as appertenis; as alsua exceptand and reservand the infeftment maid to Andro, lord of Dingwell, of the castell and leving and landis of Dingwell, fischeing of the watter of Conan and utheris contenit in his infeftment, and the liferent maid and gevin be his majestie to William Murray, warlet in his chalmer, of the landis of Cornetoun according to the gift maid to him under the privie seill thairupoun, quhilkis his majestie will not sall fall (with provisioun and conditioun foirsaid for Orknay) under this his hienes revocatioun; and ordanis lettres to be direct to mak publicatioun of the premisis be oppin proclamatioun at the mercat croces of the heid burrowis of the schirefdomes of this realme and utheris places neidfull, that nane pretend ignorance of the same.
[1585/12/31]*[print] [email] [cite] [preceding] [following]
†Oure soverane lord, deiplie considerand the monie trublis and calamiteis continewing within this realme sen his majesties coronatioun throw the civile truble beginning upoun the variable dispositioun of his hienes subjectis toward his service, and of the utheris mony dissentionis arrysing thairefter amangis the nobilitie of his realme, quhairby the estait of the commoun welth hes bene wonderfullie afflictit, his majestie of his princelie cair and affectioun, peyteing the trublit estait and being maist desirous of the unione and concord of all his subjectis and to continew thair hartlie luif and favour toward his majestie, and to gif all his guid subjectis the better occasioun to continew in their obedience in tyme cuming and being fullilie myndit, as he taketh God to witnes, to governe and rewle his subjectis and realme in justice and richt, and rather be luif nor be dreadour, considering thairwithall the maist humble behaviour of his lovit subjectis, Jhonn, lord Hamiltoun, Archibald, erle of Angus, lord Dowglass and Abirnethie, Frances, erle Bothwell, lord Hallis and Chreichtoun, greit admirall of this reale, Jhonn, erle of Mar, lord Erskin, Jhonn, erle of Mortoun, lord Maxwell, Alexander, lord Home, Thomas, maistir of Glammis, Lord Claude Hamiltoun, commendatair of Paislay, Williame Dowglas of Drumlangrig, Williame Ker of Cesfurde, James Hume of Coldenknowes, knichtis, David, commendatair of Dryburgh, Adame, commendatair of Cambuskinneth, Maister Willimam Erskin, persoun of Campsie, William Baillie of Lamingtoun, James Hamiltoun of Haggis, his brether, and servandis Alexander Hamiltoun of Innerweik, Robert Hamiltoun of Bathcat, Robert Hamiltoun of Sillertoun Hill, younger, James Hamiltoun of Stanehous, Jhonn Hamiltoun of Orbestoun, Robert Hamiltoun of Likprevik, Jhonn Hamiltoun, youngar of Prestoun, Patrik Hamiltoun of Kincavill, James Weir of Blakwod, James Lokart of Ley, Robert Hamiltoun of Dalsserff, youngar, Patrik Hamiltoun of Dalserff, Maistir Jhonn Hamiltoun of Barneclewch, Claude Hamiltoun of Brounehill, Robert Hamiltoun of Corss, Maistir Patrik Hamiltoun of Fairholme, Arthour Hamiltoun of Bothuellhawche, James Hamiltoun of Scherall, Johne Hamiltoun of Wodhall, Robert Hamiltoun, younger of Newhouse, James Baillie and Alexander Ballie, sonis to Alexander Baillie of Litlegill, Jhonn Hamiltoun, persoun of Craufurd Jhonn, James Hamiltoun of Twediesyd, Thomas Hamiltoun of Schoittis, Thomas Hamiltoun of Preist Field, with his brether Oliver Hamiltoun, burges of Hamiltoun, Johne Fairlie of [...], Richard Jhonnstoun, James Hamiltoun, youngar of Park Heid, James Muirheid, younger of Lawchop, Robert Baillie of Jervestoun, Robert Baillie of Park, Archibald Hamiltoun of Lethame, Walter MacAlester, George Douglas of Parkheid, James Dowglas and George Dowglas, his sonis, Jhonn Carmichaell of that Ilk, Robert Dowglas, brother to William Dowglas of Caveris, Walter Dowglas in Litle Sawquhy, Johne Lyoun of Cossynnis, James Lioun of Eister Ogill, Johne Ogiluy of Ballinscho, Henrie Ogilve, his son, James Arbuthnet of Lentushe, Johne Arbuthnot, his sone, David Arbuthnot, Alexander Lioun and utheris, thair friendis, servandis and dependaris being in their cumpany with theme at thair reparing to his grace at Sterling, the second day of November last bipast, their honest and cumlie demeanour continewallie sensyne his majestie hes found that thai have bene and ar his obedient lawtifull and trustie subjectis; thairfoir his hienes and thrie estaitis in parliament, for propagatioun of the Christiane religioun, extinctioun of all factions, seditionis and stryf and for the suirtie of all his liegis and especiallie of the personis above specifiit, their friendis, servandis and dependaris and utheris quhilkis salhave the benefite of this present act and establishing of ane universall peax and concord within this realme, hes resolvit upoun the remeidis following: first, our soverane lord and his thre estaitis in parliament for the weill and suirtie of his liegis and wechtie considerationis moving him tending to the furtherance and establisching of peax and justice, the quietnes of the realme and universall obedience to his auctoritie, haif declarit, decernit and ordanit and, be the tennour heirof, declairis, decernis and ordanis that all and sindrie processis and sentences of foirfaltour deducit and gevin in parliamentis, justice courtis and particular dyettis, all horningis and penalteis following thairupoun or proceiding at our soverane lordis instance for his particular enteresse, for quhatsumevir crymes, attemptatis, factis and deidis done or assistit being or that may be interpreit to be aganis his majestie sen his coronatioun, and for quhatsumevir uther crymes, causis and offences specefiit and contenit in the sentences of foirfaltour led and procesis of horning execut aganis quhatsumevir personis, men or wemen, exceptand as salbe declarit, at onie tyme heirtofoir sen his majesties coronatioun, ar, and salbe, void and of nane availl, strenth, force nor effect in all tyme cuming, exceptand alwayis the foirfaltouris led and standing in strenth and force aganis the personis convict for the cruell, horribill and tressonable murther of oure soverane lordis umquhile dearest father, the procesis of foirfaltour and barratrie led aganis James, sumtyme archiebischop of Glasgw, Jhonn, sumtyme bischop of Ross and Williame, sumtyme bishope of Dunblane, with all the consequentis and dependatitis thairof, quhilkis ar nawayis comprehendit in this present act bot ar exceptit expreslie thairfra and fra everie pairt thairof; in likemaner, all and sindrie infeftmentis, charteris, preceptis, instrumentis of sasing, presentationis, utheris richtis, titillis and dispositionis quhatsumevir of landis, heretageis, offices, rentis, teyndis and possessionis maid, grantit and proceiding be and upoun the saidis foirfaltouris, horningis and penalteis to and in favour of quhatsumevir personis, mediatlie and immediatly, with all decreitis and sentences gevin and pronuncit in quhatsumevir jugement, jurisdictioun or court be the lordis of his counsale and sessioun, utheris his jugeis and ministeris of his lawes consequent and dependand upoun the saidis foirfaltouris, horningis and penalteis ar and salbe in all tyme heireftir of na force, strenth nor effect, and that but onie speciall process of reductioun or uther declaratioun to follow thairupoun; and it is forder concludit that this present act of parliament is, and salbe, als valiable in all respectis to our said soverane lordis liegis standing under the saidis dangeris, thair airis, successouris and posteritie as gif the saidis procesis, sentences and domes of foirfaltour, horningis, penalteis, the foirsaidis infeftmentis, charteris, sesingis, presentationis, uthers richtis, titillis and dispositionis quhatsumevir, with the decreitis and sentences consequentlie following thairupoun, wer speciallie and ordourlie retreatit and reducit, all parteis havand enteress being specialie callit thairto. Mairover, oure said soverane lord and his saidis thrie estaitis of parliament, be the tennour heirof, [hes] rehabilitat, reintegrat and restorit and, be the tennour heir of, rehabilitatis, reintegratis and restoris sa mony of the saidis personis as ar levand and the memorie of thame quhilkis ar departit this lyff, thair airis, successouris and posteritie to thair guid fame and worldlie honour and to use all lefull actis and deidis in judgement and outwith, and to all and sindrie thair landis, rentis, heretageis, takis, stedingis, offices, benefices, pensionis and possessionis quhatsumevir quhilkis thai and everie ane of theme had the tyme of the leiding of the saidis proceses and geving of the domes of foirfaltour aganis thame. And als his hienes and thre estaitis foirsaidis decernis and declairis that the airis, successouris and posteritie, the bairnis, lawfull and naturall, of all and quhatsumevir personis foirfaltit sen his majesties foirsaid coronatioun, exceptand as is befoir exceptit, ar and salbe hable to bruik, enjoy and clame quhatsumevir landis, heretageis, teyndis, offices and possessionis pertening or that richteouslie may pertene to thame, and all and sindrie alienationis, infeftmentis, fewfermes, takis, rentallis, assignationis and dispositionis quhatsumevir of landis, heretages, annuelrentis, stedingis, rowmes, possessionis and guidis maid be ony of the saidis personis forfaltit to any utheris be als valiable and sufficient as gif thai had not incurrit the said sentance. Forder, it salbe lefull to everie ane of the saidis personis foirfaltit, yit being onlyff, and to the airis, successouris, bairnis and posteritie of thame quhilkis ar departed, to succeid to thair predicessouris or to ony utheris be quhome thai can pretend richt and title of successioun be brevis or utherwayis as accordis of the law, siclyke and als frelie as gif the saidis sentences and domes of foirfaltor had never bene gevin, and notwithstanding his hienes actis of parliament haldin at Edinburgh in the moneth of November lxxj yeiris and in the moneth of Maii lxxxiiij yeiris aganis the posteriteis of certane speciall personis and suir names, to the quhilkis actis and ordinances of parliament in generall and in speciall his majestie and estaitis foirsaidis hes maid and makis speciall and expres derogatioun be thir presentis, expreslie bidding and commanding that all the foirsaidis sentences of foirfaltour (exceptand as is befoir exceptit), with the saidis ordinances maid aganis the posteritie, quhais predicessouris be thir presentis ar restorit in generall and in speciale, baith anent the personis and surnames, salbe raisit furth of his hienes register and actis of parliament to the effect that na memorie remane thairof heireftir, bot the samin salbe buriit and put in perpetuall oblivioun with all the consequences and dependances thairof, siclyke as thai had nevir bene, and to be of na strenth nor effect in all tyme cuming. Siclyke all and sindrie personis yit on lyff, quhilkis wer providit to benefices or pensionis and we[...] [...]rit therfra be sentences of foirfaltour, barratrie or for non geving confessioun o[... ], or for non acknawlegeing of his majesties auctoritie according to the lait act of [...] maid thairanent at ony tyme sen his majesties foirsaid coronatioun, salbe restorit a[... ] integrum to thair saidis benefices and pensionis, the saidis personis quhilkis for this last caus ar deprivit of their benefices ether havand alreddie maid or offering to mak the confessioun of their faith and to acknawlege his hienes auctoritie; and his hienes and estaitis foirsaidis retratis and reducis quhatsumevir provisioun maid thairof to ony personis be ressoun of the saidis sentences, and restoris the personis first providit and debarrit thairfra in integrum to their saidis benefices and pensionis and in the samin estait and caice quhairin the saidis benefices and pensionis wer of befoir the saidis sentences, and as the samin had nevir bene gevin, notwithstanding quhatsumevir fewes, takis, rentallis and utheris dispositionis maid thaireftir be thame quha wer providit and obtenit title throw the saidis foirfaltouris or utheris decreitis abonespecifiit, and notwithstanding oure said soverane lordis confirmatioun grantit thairupoun or quhatsumevir sentences or decreitis following thairupoun quhilkis his majestie and estaitis declairis, decernis and ordanis to be of na force, to the end that this restitutioun may tak full effect, providing alwayis that this present act be not extendit to beneficit personis that ar deid. And forder, the personis quhilkis haif obtenit fewis, takis, rentallis maid to thame be the personis quhilkis wer providit to benefices be the foirfaltour of utheris, as said is, salhave na actioun aganis the makeris thairof for warrandice of the samin takis, fewes, rentallis, nor yit for refounding of the money and gersum ressavit be thame thairfoir, nor yit sall the saidis fewaris be astrictit to pay onie of thair deweteis restand awand for thair landis and teyndis bot according to thair saidis fewes, takis and rentallis to this crope last bipast, jM vC lxxxv yeiris, and the males of the Mertimes terme last bipast exclusive, and nevirtheless for the said crope and terme and in tyme cuming thai sall pay thair deweteis in the quantitie as thei war accustomat befoir the saidis foirfaltouris and acquiring of thair new titles. And als because diverse beneficit personis within thir twa yeiris bipast ar hurt in the richtes of their benefices be decreitis gevin contrair thame be his majestie and lordis of his secreit counsale and be the judge ordinar upoun triall of the cause, his hienes, thairfoir, and thre estaitis in parliament, retreatis all and sindrie the saidis decreitis and decernis the same of nane availl, and ordanis the personis quhilkis wer dispossest thairby to be fullilie repossest thairto in maner foirsaid, but prejudice of ony parteis richt to be discussit thaireftir be the judge ordiner as effeiris, the personis foirfaltit befoir as said is (exceptand as is befoir exceptit), sa monie as ar onlyve and the airis of thame quhilkis ar deceissit and all utheris dispossessit of thair landis and levingis be the trubellis, salbe restorit to the same possessioun quhilkis they and their predicessouris respective had to ther landis, heretageis, castellis, touris, fortalices, rowmes, teindis, offices and possessionis befoir the foirfaltouris led contrair thame or truble movit to theme in their levingis, and the beneficit personis and pensionaris salbe restorit and repossessit to their benefices and pensionis in the same maner as thai war possessit befoir the saidis foirfaltouris and decreittis be lettres quhilkis salbe grantit in all four formes be deliverance of the saidis lordis of counsale and sessioun for repossessing of thame to thair levingis, and be lettres of horning upoun ane simple charge within the space of ten dayes for deliverance of castellis, touris, fortalices, and that notwithstanding quhatsumevir decreit or sentence intervening that micht appeir to impeid the full effect of the said repossessioun. It is alwayis understand and providit be thir presentis that quhair ane persoun was first foirfaltit and the uther succeiding to his richt was foirfaltit and upoun the second foirfaltour was dispossest be the thrid or last persoun, the persoun spirituall or temporall first foirfaltit and dispossessit sall alwayis have the prerogative of the said repossessioun and be preferrit to all utheris efter the mynd and intentioun of this present act, quhiarby it is menit that the persoun first foirfaltit and dispossessit sall returne in the same caice quhairin he was immediatlie befoir the foirfaltor, quhilk prerogative salbe extendit to the airis of thame quha wer first dispossessit, albeit thair predicessouris be deid, but prejudice alwayis of the richt of onie persoun to be tryit and judgeit efter the said repossessioun befoir the judge competent as accordis upoun the law; and this to have place in thair favour quha wer dispossessit be barratrie for non acknawlegeing of his majesties auctoritie and geving confessioun of their faith, the males, fermes, deweteis, proffeitis, emolumentis of landis, rowmes, possessionis, teindis, benefices and pensionis, the eschaet guidis of penalteis becum in his majesties handis and alreddie upliftit sall remane with the intromettouris thairwith, bot the personis presentlie restorit salhave power to call and persew for the restis not yit upliftit of the haill yeiris bipast and to the haill fermes of the crope and yeir of God lxxxv yeiris instant and to the manis and incres of the said yeir, occupiet and labourit be thame quha had richt be the saidis foirfaltouris and escheitis, with the cattell and plenissing being upoun the ground, gif thai left the same plenissit befoir; and gif thai find mair plenishing nor thai left, that thai sall mak the samin furthcumand and deliver it to the awneris; and to the meales of the Mertimes terme last bipast, it salbe als lauchtfull to thame to call and persew for all thair movable guidis extant, the debtis awand unto thame and not upliftit be the donatouris; and quhair the debttour haif purchessit the gift of the debt quhilk he was awand to him selff or to ony uther to his behuif, directlie or indirectlie, he sall nevirtheless stand obleist for his debt to his creditouris, defalkand alwayes the expensis and compositioun gif ony be debursit to oure soverane lordis thesaurair for the gift gif ony be payit thairfoir; the unlawes, penalteis and escheitis adjudgit in justice courtis, and all uther sowmes that may be askit for contraventioun of ony band or act maid to his majestie for the obedience of his auctoritie, ather fra the principallis or their cautionaris, quhilk as yit restis unupliftit and ressavit, salbe and ar be thir presentis frelie remittit and dischargeit; as als the actis, bandis and obligationis quhatsumevir maid for the assurit keiping of the pacificatioun accordit at Perth, the xxiiij day of Februarii jM vC lxxxij yeiris,† ratefeit and apprevit in the parliament haldin at Edinburgh in the moneth of Aprile nixt thaireftir, and all utheris actis and obligationis maid for intercomoning, assisting and suppleing with onie of his majesties subjectis foirfaltit and at the horne, and all bandis, actis and obligationis registrat be the quhilkis the personis, principallis, and their cautioneris and sourteis ar actit, bundin and obleist for entrie of thair personis in waird in ony castell or prescrivit place at the instance of oure soverane lord upoun his proper enteresse allanerlie, or be the quhilkis thai and thair cautioneris ar obleist to depairt and pas furth of the realme with all decreitis interponit thairto, gif ony be, with all penalteis and sequelles thairof ar fra the beginning declarit to be of nane availl and in all tyme cuming to be of na strenth, force nor effect. Our soverane lord, following his naturall guid inclinatioun to quietnes and peax, being now myndit to satle his estait in perfite unioun and concord, and be removing of all occasionis of further jelosie and dissidence betuix his hienes, his nobilitie and people to manifest him selff in deid a cairfull fader of his commoun weill, seiking be all loving meanis to win of his haill liegis ane inwaird luif and hartlie dispositioun to his obedience and service, hes decernit, declarit, statute and ordanit and, be the auctoritie of this present parliament, decernis, declaris, statutis and ordanis that all and quhatsumevir deid, fact, interpryse, devise and executioun inventit, done, assistit, execute and performit be ony of his liegis and subjectis of quhatsumevir estait, qualitie or degree they be of, in ony assemblyis, counsallis, tratises, conventionis, conferences, privat or publict gadderingis, convocatioun of his liegis in armes, rasing of bandis of men of weir, intelligences and treatises with foreyne princes or utheris in materis of estait, and quhatsumevir thing devised, attemptit, done or execute in ony commoun caus quhat his majesties liegis be numberis wer assemblit togidder for reformatioun of thingis miscontenting thame in the administratioun and governament of the realme, or for apprehensioun, searching and seiking of quhatsumevir personis or for actis to his hienes presence and all hurtis, slauchteris, multilationis, spuilyeis, reiffis, oppressionis, depredationis, direptionis, baith to burgh and land, damnageis and skaithis quhatsumevir committit, done or assistit at the tymes of the saidis conventionis, assemblies, interprises and commoun causis following and depending thairupoun, and all taking and assegeing of oure soverane lordis housis, castellis and fortalices, deteaning of the samin and intrometting with the guidis being thairin, taking of prisoneris, breking of wardis and prisones and releving of the presonaris being thairin, intercommoning of rebellis and personis foirfaltit, assisting, helping and suppleing of thame departing furth of this realme but licence, all actionis and causis of barratrie, deforcement of officiaris and all utheris crymes, offences, tressonis, transgressionis of quhatsamevir qualitie thai be, and for the quhilkis our soverane lord, his airis and successouris, upoun thair particular and proper enteresse micht or may move quarrell, or actioun perpetrat and committit, devisit, consultit, assistit, approvin and ratefiit be ony of his saidis subjectis of quhatsumevir qualitie and estait, as said is, sen the tyme of his majesties coronatioun, salbe and ar, be the auctoritie of this present parliament, buriit and put in perpetuall oblivioun and never to be moveit heireftir in jugement, nor utherwayis be his majestie, his airis and successouris to and aganis onie of his subjectis at ony tyme mair nor thai had never bene, bot the samin fra thyne furth is, and salbe, alluterlie extinct and expirat with all actioun and suit, criminall, civill or pecuniall, that may follow thairupoun, and all sequellis, dependances and consequences of the samin. And forder, be the advise of the saidis thrie estaitis in parliament, our soverane lord will and grantis that this present salbe als guid and effectuall in the law to all and everie one of his subjectis as gif the samin had contenit speciall mentioun be thair names of all offences, causis, materis, suittis, querellis, executionis, judgementis, penalteis and trespasis quhatsumevir done, committit or sufferit in the saidis commoun causis and debettis at ony tyme sen his majesties foirsaid coronatioun, bot ony obstacle, challenge or impediment, abolisching the same from all remembrance to cum simpliciter and for evir dischargeing the lordis of his hienes counsale and sessioun, his advocatis present and being for the tyme, his justice clarkis and all utheris, his officiaris and ministeris of his lawes, of all arreisting, persewing, trubling or accusing of onie of his liegis and subjectis in and for the premisis and of their offices in that pairt. It is alwayis providit that in the foirsaid oblivioun and abolitioun is not, nor salbe, comprehendit the horrible and tressonable murther of oure soverane lordis dearest father of guid memorie, nor onie utheris voluntar murtheris or slauchteris, fyre rasing, birning of cornis and housis, hoching of oxin, brekin of plewis, oppressionis, spuilyeis, ejectionis, intrusionis and all utheris actionis and suttis, criminall and civill, quhatsumevir preceiding betuix persoun and persoun upoun thair particular motioun and enteresse and nocht following and depending upoun the said commoun causis; exceptand alsua thift, incest, witchecraft, ravisching of wemen, streaking, inbringing and outputting of fals cunyie, men slauchter in housis, in the hie way and passage or beside the samin, not depending upoun the comoun caus as said is. And als reservand to oure soverane lord, his thesaurair, comptrollair and collector generall, thair suitis and actionis for his hienes propirtie, casualities and thriddis of benefices restand unto his hienes and for quhatsumevir jowellis, abuilyementis, guidis movable and unmovable pertening to his hienes dearest moder or him selff and all actionis depending or that may be movit thairupoun, penalteis and unlawes cuming upoun the saidis commoun causis allanerlie exceptit, quhilkis ar be the said abolitioun dischargit, and als exceptand all utheris crimes, actionis, materis, causis and offences betuix privat parteis upoun thair awin privat causis, nawayis proceiding and following upoun the saidis commoun causis, quhilkis ar not meanit to be comprehendit under the said generall abolitioun and oblivioun and quhairin ony of his subjectis ar dampnagit and offendit, quhilkis it salbe lawfull to the partie to persew as thai micht haif done befoir, notwithstanding the premisis. And becaus the saidis ordinances ar maid for the weill and tranquillitie of the realme and haill subjectis for ane universall concord and unioun to follow in tyme cuming, it is statute and ordanit, and oure soverane lord and his estaitis of parliament willing that the same be inviolably and irrevocably keipit to all his subjectis but onie restrictioun or interpretatioun, for him and his successouris, decernis and ordanis that the same sall, at na tyme heireftir, be abrogat in all or derogat in ony pairt thairof, nathir be his majestie and successouris, nor yit be the thrie estatis in parliament, and that na maner of persoun nor personis of quhatsumevir qualitie or degree thay be pretend to argun, impung, travell, solist or lawbour for the infringeing, breking, wrasting, abrogatioun or derogatioun thairof, directlie or indirectlie, under the pane of tressoun and lesemajestie to be execute with all rigour upoun the breakeris thairof. Siclike forsamekle as sen the proceses of foirfaltour led against the saidis personis sen thai wer denunceit rebellis and put to the horne, chargeit to waird and to depairte of the realme, or for uther necessar and probable causis wer absent or furth of the realme, had not suir access to compeir for persut and defence of thair actionis, sindrie process ar led and decreitis gevin, not only aganis thame selffis bot also aganis the minoris quhilkis wer in thair tutell and cum to their greit prejudice and hurt, thairfoir our soverane lord and his thrie estaitis, for remeid thairof, retreattis and rescindis sa mekle of the saidis proceses as ar led and deducit, and the haill decreittis and sentences quhilkis ar gevin within the tyme foirsaid and that necessitie and probabilitie of their absence salbe tryit, athir be way of suspensioun, exceptioun or reply in the first instance, but ony forder proceses or summoundis of reductioun, speciallie the decreit of removing at the instance of Jhonn Wischart of Pettarro and decreit of translatioun following thairupoun aganis Jhonn, erle of Mar for removing from ane part of the landis of the Bray of Mar; the decreit reductive at the instance of James Hamiltoun of Libertoun aganis James, erle of Arrane and his tutour, tuiching reductioun of certane contractis and infeftmentis of the landis of Draffeine; the decreit at the instance of Dame Margaret Maxwell, countesse of Angus, lady Lamingtoun, aganis Archibald, erle of Anguss and his tennentis for hir terce of the erldome of Anguss; the decreit at the instance of Schir Thomas Ker of Pharniehirst, knicht, aganis Archibald, erle of Angus for the teindis of Inverlethame; the decreit obtenit be David Balfour of Inchirie aganis Adame, commendatair of Cambuskinneth. Alsua becaus the landis cuming in oure said soverane lordis handis be the saidis foirfaltouris wer, befoir the leiding thairof, burdenit with diverse alienationis of annuelrentis and of the propertie haldin of thame selffis, and the personis quhilkis wer infeft be the foirfaltour have nevirtheless intromettit with the haill proffeit, havand na respect to the foirsaidis wodsettis and alienationes, quhairthrow the grund standis yit oblishit; thairfoir it is ordanit be his majestie and thre estaitis of parliament that the saidis personis infeft be the saidis foirfaltouris sall pay the haill deweteis, chargeis and wodsettis of the grund safar as is unpayit, and releif the grund thairof sa far as is restand awand of all yeiris of thair intromissioun with the saidis proffeitis, and that executioun pas heirupoun aganis the saidis intromettouris for the foirsaid pament and releif be lettres in all the four formes, at the instances of the personis, quhilkis wer foirfaltit and thair airis, or at the instances of the saidis personis quha hes richt be the saidis alienationis and wodsettis, alwayis but prejudice of thair recurse to the landis at thair optioun and plesir as thai sall think expedient; providing alwayis that thai quha hes alreddie gevin confessioun of thair faithis give the samin of new saoft as thai salbe requirit to do the samin be his majestie or the kirk.